The following is by Rozy Press, who once an Los Angeles Unified School teacher, has now had the shocking experience of having to fight both the corrupt LAUSD system as well as the State California Worker’s Compensation Fund.
You can read Rozy’s testimonial below.
Introduction
Judge Jerold Cohn and Dr. John Stalberg Made up a Medical Diagnosis Changed all the Facts in my WC Case to Lower My Rating and Deny My Benefits. It’s all in Black and White and Signed.
By Rozy Press
It is shocking the Horrific Injustice that I have had to endure going through the Ca. Corrupt Workers’ Comp System. I have a 12 1/2 year old LAUSD, Admitted 2002, “Act of Violence”, meaning physical injuries, Workers’ Comp Case. My case went all the way to the Ca. Supreme Court. My horrific LAUSD Workers’ Comp nightmare started on Dec. 8, 2000, as a LAUSD, Los Angeles Unified School District Art Teacher. My students violently attacked me at Sepulveda Middle School in the San Fernando Valley. My health and life changed forever.
I became permanently, totally disabled with pulmonary damage/problems and Fibromyalgia with the severe pain and constant exhaustion after my student sprayed me in my face with the toxic chemicals from a fire extinguisher in my classroom (documented).
The facts
LAUSD required that the fire extinguisher in my classroom be hung up in an easy accessible area, not under glass and certainly not secured. It was in easy reach and at the perfect height for my students it seems. Fire extinguishers were always being sprayed at other LAUSD schools.
When one of my students attacked me and sprayed me in my face with the toxic chemicals from the fire extinguisher, I immediately became very sick. I started gasping for air, my tongue was swelling, my nose was closing, my skin was burning, my muscles felt like mush and I was totally out of it. I was so nauseous and dizzy. I had excruciating chest pains and a terrible headache. I thought I was going to pass out. Anyone looking at me knew that I was doing terrible and needed medical attention immediately. (Witness’ letters)
My students were exposed to the toxic chemicals and they were getting very sick too. There was not a nurse on campus that day. Never in all my years of teaching, have I experienced a principal, Mrs. Barbara Charness that would not call the paramedics to help me and my students. It is free to call them to come out and have them check us over. And even call Hazmat to clean-up the toxic chemicals no matter how many times I asked. 180 of my students sat exposed in the toxic yellow powder from the fire extinguisher which coated surfaces all over the room for months.
I always wonder how my students are doing some were so very sick that day too. And what happened to LAUSD’s priority for safe schools for their students, teachers and staff. LAUSD is a “Death Trap” if all the facts were really revealed. And if you’re wondering what happened to the student that attacked me and my students: nothing. Nothing was done to the student. LAUSD wanted him back in my classroom. To do it again? I said, “NO”!
After being sprayed I was so very sick. I was always so very healthy, happy and working every day. I felt terrible. I wanted the nightmare to end. But, I just got worse. My physical injuries forced me to stop teaching. My career and livelihood that I loved and worked so hard for vanished in that terrible moment. As a teacher all I wanted to do was give back all the wonderful opportunities I was fortunate enough to have had as a military wife and share them with my students. All the years I spent in university classes getting my teaching credential, MA, BA, and AA degrees was gone forever. I was so sick with all my physical injuries that included my pulmonary problems, pneumonia, constant coughing, Fibromyalgia’s excruciating pain, extreme exhaustion, totally out of it in a “Fibro/Chemical Fog” all the time. I had terrible nightmares, black eyes, dizzy, nauseous, skin problems and other terrible symptoms to deal with on a daily basis.
My case was deemed by the LA School District as an “Act of Violence”
The LA school district in 2002 awarded me a very hard to get “Act of Violence”, meaning physical injuries. That was 2 years after I was attacked. And I was still very sick and getting sicker without the immediate and proper medical care from the moment I was sprayed.
The “Act of Violence” was based on Dr. Salick’s 7/2001 medical diagnosis of Toxic Fibromyalgia. My Trial Judge Jerold Cohn stated that my injuries should have been over within a couple of weeks. He ignored the substantiated medical diagnosis of Dr. Salick’s Toxic Fibromyalgia and Dr. Wolfe’s pulmonary damage. And LAUSD’s Admitted 2002 “Act of Violence” work related physical injuries. He disregarded all the substantiated evidence. Add to this the fact that I did not have any pre existing conditions before being sprayed.
My health and life will never be the same. Workers’ Comp and LAUSD/Sedgwick CMS sent me to orthopedic and psychiatric Agreed Medical Examiners (AMEs), which are commonly used in Workers’ Comp cases, instead of using more appropriate specialists in rheumatology and pulmonology. The orthopedic AME Dr. Sadler stated in his report that he would have to defer to a rheumatologist, and the only complete (P&Sed) rheumatology opinion was Dr. Silverman’s Medical Reports in evidence. It stated that I had totally disabling, chemically-induced fibromyalgia from the work exposure. My WCAB Trial Judge Jerold Cohn refused to consider Dr. Silverman’s medical reports. Also, he refused to send Dr. Silverman’s Medical Reports to Dr. John Stalberg per the Decision of the Workers’ Comp Appeals Board 4/1/2011.
Teachers at LAUSD die needlessly while the district is engaged in waste and fraud
LAUSD Teacher Dies Needlessly — another LAUSD teacher at Gompers MS, Charles Smith was sprayed with the toxic chemicals from a fire extinguisher by his student 6/2000. Also, nothing was done to help him at his school site. He ultimately died of pulmonary failure 7/2012. The AME in his case, who was a specialist in “occupational medicine,” not pulmonology, similarly misdiagnosed him and decimated his benefits as suggested by LAUSD’s attorneys. It sounds all too familiar just like my case. I don’t want to die.
Besides the fact LAUSD/Sedgwick CMS wasn’t sending me to the right doctors for my injuries or treating me to cure or alleviate my workplace injuries (Ca. Constitution Article 14, sec. 8) they were not even paying me correctly.
LAUSD is one of the worst school districts in the country; it is filled with waste, fraud and abuse. They even built a 1/2 billion dollar school with talking benches. But, yet it took years to pay me mileage, parking, for help and payments 4+, 3, 2 years to pay me when it is supposed to take about 30-45 day turnaround time for payments. Not years. Also, they had manipulated the check numbers and fixed the payment paperwork where they have not paid me correctly. They were always behind in my payments. They owe me thousands of dollars, plus penalties and interest. I was not even P&Sed on all my injured body parts either.
LAUSD/Sedgwick CMS kept saying that they did not owe me any money. I kept saying that they did. I just kept speaking up about their manipulating their payment statements and not paying me correctly. I sent the Department of Industrial Relations/Workers’ Comp a complaint about this matter. Finally, years ago they paid me a very small amount of what they owe me. This is just another example of Workers’ Comp and LAUSD/Sedgwick CMS corruption. I feel they thought that cheating me out of the money would be fine. Anything illegal, immoral and unjust that Workers’ Comp and LAUSD/Sedgwick CMS can get away with what they did in my case. All of this is documented and clearly seen in the records.
I’m getting sicker. Can’t I just go to bed and get some rest already. Why isn’t LAUSD providing the proper medical treatment/care and paying me correctly as the Law states? Do I have to lose my home too? Do I have to be victimized over and over again?
Medical issues and the despicable role of the California Worker’s Compensation System
My medical issues: AME Dr. John Stalberg kept stating in his medical reports that I was getting sicker. But, he would do nothing about it. I kept begging for medical help I was so physically sick. I have never been so sick like this in my life. The constant pain, exhaustion, hard to breathe, just to do my daily routine is impossible. He rated me at 100% credible and cooperative in 2005. By Law the 100% rating can’t be changed. My case should have gone to Trial in 2005, been over with and settled then. But, Workers’ Comp and LAUSD delayed it.
In 2007 I would not get up from a Workers’ Comp hearing until they agreed to send me to a pulmonologist and a rheumatologist. I was still so very sick. They finally agreed to it. LAUSD’s attorney, Frank Christine just kept complaining about it. He kept playing games with me when I asked for the MPN List. Why would I keep asking for their approved doctors list, MPN list, if I had it? Why did it take so long? At that time it was already 7 years since I was attacked. My health is deteriorating.
Why can’t Workers’ Comp and LAUSD do the right thing? Even Frank Christine LAUSD’s lawyer can’t. I was my own attorney at one time. And Mr. Christine gave me copies of all the records, all the evidence. I had them, he had them. But, he seemed not to know about anything in the records. And if he did he changed those facts and misstated them. Some of the records and testimony were missing. And Frank Christine didn’t send Dr. Silverman’s Medical Reports to Dr. Stalberg per the Decision of 4/1/2011 WC Appeals Board. Nor did he send 30 pages of my testimony to the WC Appeals Board.
I expected him to be honest with what the records stated, to be paid properly and receive the medical treatment that I so desperately needed. Not Frank Christine LAUSD’s attorney. Also, he just made his own ex parte Court date for my Home Health Care Issues. My lawyer should have been part of the decision for the date. I just expected something that he obviously doesn’t want to do -being ethical, professional and honest. He is LAUSD’s lawyer after all. LAUSD supported by taxpayers’ money.
In 2008 Dr. Stuart Silverman, a Rheumatologist, Rated me 100% disabled due to Fibromyalgia from being sprayed at work. A medical diagnosis agreed to by many doctors since 2001. How many documented 100% Ratings did I need to go to Trial and settle my case?
LAUSD didn’t want to pay me so their lawyer Frank Christine kept delaying my case. Hoping, I would go away.
In my 12 1/2 year old Workers’ Comp case it is important to understand that LAUSD admitted my case in 2002 with an “Act of Violence” regarding physical injuries. I was still very sick in 2002, physically sick, as I am still today.
The ‘doctors’
I did not have any pre existing medical conditions. I had several substantiated 100% P&Sed (permanent and stationary) Medical Ratings. AME Dr. John Stalberg in 2005 gave me a 100% Rating stating I was credible and cooperative. Dr. Stuart Silverman in 2008 gave me a 100% Rating-Fibromyalgia. My Trial WCAB Judge Jerold Cohn (2010-2012) refused to follow the Decision of the WC Appeals Board and send Dr. Silverman’s medical records (Fibromyalgia the medical diagnosis) to Dr. Stalberg. Judge Cohn and Dr. John Stalberg(2007-2012) refused to consider the factual evidence in my case and the medical reports of Dr. Stuart Silverman, AME Dr. Charles Sadler, Dr. Stuart Kramer and Dr. Robert Wolfe to name a few. Judge Cohn lost many of my medical reports and the evidence/testimony in my case. Judge Cohn and Dr. Stalberg made up a medical diagnosis and changed all the facts in my case.
Judge Cohn and Dr. Stalberg again changed the facts when they took a very small memo from a LAUSD doctor and stated that it was several medical reports and the doctor was from Kaiser Permanente not LAUSD. They gave me a pre existing condition too. What happened to the truth? Just look at the evidence. They constantly misstated everything. They purposely changed the facts, lied and the documented evidence proves that.
LAUSD/Sedgwick CMS constantly delayed my case. They didn’t send me to the proper doctors to “cure or alleviate” my work place injuries, denied my Benefits and didn’t pay me correctly. I have not been paid at all for years. LAUSD was always looking for something anything to lower my rating — thanks to Gov. Schwarzenegger changing the WC Law in 2004 to SB 899. In 2007 the LAUSD attorney, Mr. Stringfellow, took it upon himself to give Dr. John Stalberg the paperwork from a GrievanceI Won 9/25/2001 from LAUSD at Pacoima Middle School. This was against the objection of me and my attorney. I won the Grievance per the LAUSD/UTLA Agreement All the paperwork pertaining to the Grievance was to be removed and destroyed from my LAUSD personnel file and at Pacoima MS. The principal, David Gonzalez at Pacoima MS did not remove and destroy the paperwork per the agreement. Pacoima MS was not where I was attacked.
To repeat- I won the Grievance from LAUSD and the paperwork was to be removed and destroyed. LAUSD’s lawyer Frank Christine stated that LAUSD didn’t know about the LAUSD/UTLA Agreement. But, LAUSD agreed to it and signed the agreement. It was in my personnel file at LAUSD’s downtown office. And a copy of the agreement was sent and signed at Pacoima MS. But, my paperwork at Pacoima MS was not destroyed per the agreement.
2008 Dr. John Stalberg wrote an “unsubstantiated” Medical Report. He wrote a new Medical Report based on the Inadmissible Evidence of the paperwork from the Grievance that I Won. He changed all those facts. And an examination/interview I had with him on 9/1/2007. In his new Medical Report of 2008 he did a complete turn around and changed all the facts. And the Workers’ Comp Appeal’s Board 4/1/2011 agreed that he changed all the facts. They deemed his 2008 medical report “unsubstantiated”. No factual evidence to prove what he wrote.
Dr. Stalberg’s 2008 “unsubstantiated” Medical Report lowered my rating and denied my Benefits. I didn’t know what I was going to do when my Benefits stopped. I was not getting the proper medical care. I was getting sicker. I could not pay my mortgage or my bills. And never in my life have I not had money for food.
Dr. John Stalberg has always admitted that I was 100% or more disabled; that this was credible, and I was cooperative and getting sicker. And I needed help. Judge Cohn would later take the help I received since 2001 away. He made sure he took everything away from me. A virtual “Death Sentence”. I could never work again. And because of the fact that Dr. Stalberg lowered my Rating by using an “unsubstantiated” medical report LAUSD/Sedgwick CMS “anticipated” that my benefits would stop so they stopped them. Didn’t a judge have to sign off on this?
The Workers’ Comp Appeals Board’s Decision of 4/1/2011 deemed Dr. Stalberg’s 2008 medical report “unsubstantiated”. Dr. Stalberg twisted and changed all the facts. He changed a 1 page Bio I wrote at Pacoima Middle School. He even stated that because of me Ross Perot ran for President. Right? News to everyone! I Won the Grievance.
Judge Cohn and Dr. Stalberg partnered together to blame me for everything and changed all the facts in my case. All of this in order to lower my rating and deny me my benefits. And Not Pay Me! I was working at Sepulveda MS when I was attacked.
It had been almost a year at least since I had been at Pacoima MS. They both blamed me for an assistant leaving Pacoima MS, according to the documented LAUSD Classified Resignation Form signed by the assistant and the principal. She left to pursue her education effective 4/20/2001. This, in reference to my wonderful write ups. Dr. Stalberg stated that prisoners on death row could get good letters too.
He is a real doctor “Do No Harm”? What country is this?
What about the rule of law?
I couldn’t believe this nightmare is happening to me. I’m so sick. I can hardly get up out of bed. I live in a state of consequences. If I do something I get so exhausted I’m back in bed again. And then there is the pain from my Fibromyalgia and my lung problems. And it’s still going on with all LAUSD’s Delays and Denials. And now Dr. Stalberg is changing all the documented facts in my case and even what he stated in his earlier reports/Depositions.
What happened to telling the truth? I grew up here in the San Fernando Valley. Where I was expected to behave and tell the truth or there would be consequences for my actions. I was a graduate from LAUSD when it was one of the best school districts in America. And California was one of Best places to live. My dream was to see the world and I did. I was an Air Force fighter pilot’s wife for 21 years and lived all over the world. I was part of the world’s major news headlines, from terrorist attacks in Germany, the Russian Nuclear accident in Chernobyl and many more. I was even a Hostage, Target and Evacuee out of Iran in 1978. Not 1979. Unfortunately, I was here for the 1994 Earthquake. I was the leader of my college classes. I was a well respected member of the community and my church. I was a LAUSD teacher, a law abiding citizen, a mother and grandmother. And Dr. Stalberg even put down the fact that I was a military wife, about my life then and he changed those facts too. It is so bizarre. I’m always thanked for my service to this country.
The WC Appeals Board 4/1/2011 knew Dr. Stalberg’s medical report was not based on factual evidence. And the substantiated evidence proved it. I was still not paid. When all the evidence is compared to his report it is amazing how arrogant he was to write one lie after another as he changed all the facts. He Lowered my Rating. LAUSD/Sedgwick CMS was obviously looking for a doctor to lower my Rating and Deny my Benefits. Dr. Stalberg was perfect for the job. He is notorious for changing his medical opinion in civil and criminal cases. This is how the Workers’ Comp system works.
If all the terrible things Dr. Stalberg and later my VNWCAB Trial judge, Judge Jerold Cohn said about me were true I would never have won the Grievance from LAUSD or have been hired for the much sought after Art teaching position at Sepulveda MS.
Dr. Stalberg used the old medical report “tag team” system for back up. Dr. Stalberg would write an “unsubstantiated” report in my case and then he would get defense Dr. Alvin Markovitz to write an “unsubstantiated” report to back up his “unsubstantiated” report. Help! What happened to the rule of law? What happened to doctors basing their medical reports on the factual evidence? Or on documented work place injuries? What happened to cure or alleviate my documented physical injuries? I just wanted to get well. I just wanted my health and life back. I thought I would work forever. And Dr. Stalberg and Dr. Markovitz are busy writing “unsubstantiated” medical reports for the almighty dollar to lower my rating and deny my benefits as I am getting sicker and older.
Big Payday for Dr. John Stalberg $16,770-$700 a page for his 11/15/2011 “unsubstantiated” Medical Report.
Stalberg admitted under Oath (Depo 1/2012) that he didn’t even have the evidence for his medical diagnosis (Judge Cohn’s). I wonder how much he charges for a Medical Report when he has real evidence.
Also, Dr. Markovitz is the doctor who used a stethoscope to check me for Fibromyalgia. No professional Board certified doctor uses a stethoscope to test for Fibromyalgia. He even wrote an 80+ page medical report. It was filled with cartoons and articles. The doctors are paid per page for their reports. And at the same time he complained about other WC doctors doing medical testing to determine the extent of my injuries. It’s all there in his reports as he is being paid per page.
The never wanted to pay me
Finally in 2010, after 10 years of constant delays my Workers’ Comp Trial started March 9, 2010. I always believed that surely justice would prevail and that my case would be tried on the factual documented evidence, all in accordance to the Laws of the state of California. After all this is America not some 3rd World Country where deals and payoffs are the norm of the day. Was I wrong!
The simple truth as the documented evidence shows is that Workers’ Comp and LAUSD/Sedgwick CMS didn’t want to pay me. It didn’t matter what the substantiated medical evidence and records stated. They didn’t want to pay me. It’s that simple. And this is how they changed the facts to lower my Rating and Deny my Benefits-medical treatment, care and not being paid at all.
My WCAB Trial Judge Jerold Cohn, an Administrative Law Judge, had all the documented substantiated Medical Reports, LAUSD Records, heard all the testimony-mine, my witness’ and LAUSD’s witness’. He even took notes. He has been a Workers’ Comp judge for over 27 years. And in 2013 he was the recipient of the Stanley Mosk Legacy of Justice Award. Justice must have a new definition now.
But, as the documented evidence clearly shows Van Nuys Workers Comp Board (VNWCAB) Judge Jerold Cohn far exceeded his powers. Judge Cohn made a medical diagnosis. He is not a doctor. Practicing medicine without a license? He used inadmissible evidence where I won the Grievance and changed those facts. He changed all the facts and testimony, added his own facts, lost evidence, constantly delayed my case and libeled me. He took away the help that I desperately needed .He went after me with a vengeance rarely seen in a Workers’ Comp Case in all of his Findings, Opinions and Decisions.
Judge Cohn’s own statement of the facts was not trustworthy, such as getting the name of the school/school district wrong, where I was when I was attacked, which school or school district I was at when I was teaching. He wrote several different ones. And changed the facts of what was really happening at Sepulveda MS when I was teaching there. He wrote I was a middle school teacher rather than an elementary school teacher. He stated I had 2 cars which has nothing to do with my case. And that I was driving them both around. I can’t even pay my car payment or even buy gas at times. And if he would have checked with the DMV he would have seen that I have always owned 1 car at a time. He stated because I owned 2 cars I didn’t need any money. He would write Sepulveda MS and fill in with terrible misstatements about me, a real character assassination. He even said my witness’ didn’t like me which wasn’t true. And he received the Stanley Mosk Legacy of Justice Award. He couldn’t even get a simple fact right in my case. And the state of Ca. is paying his salary and his pension too.
What were the requirements for Judge Jerold Cohn to be an Administrative Law Judges? Alive and barely breathing? Obviously, it’s not important to be able to read, comprehend English and have the factual evidence. He just had to be able to make a medical diagnosis and change all the facts in my case. Documented! He Lowered my Rating and Denied my Benefits. And gave me a “Death Sentence”. And he did!
Judge Cohn who couldn’t get the facts correct and did not explain any of his accusation against me. He just wrote that my testimony was “extraordinary [sic] inconsistent,” and “egregiously incredible, improbable, unrealistic, biased and untrustworthy.” He just kept saying vile and outrageous things about me in all his Decisions, Findings and Opinions. I was sprayed with the toxic chemicals from a fire extinguisher. LAUSD admitted it in 2002 by Awarding me an “Act of Violence” physical injuries. And Dr. Stalberg gave me a 100% rating in 2005 and even stated that I was cooperative and credible. I saw him 5 times from 2002 to 2007. In Dr. Stalberg’s Depo 1/2012 he stated that Judge Cohn said the worse things about me. Why? Judge Cohn stated all the facts incorrectly as his Opinions, Findings and Decisions show. Not just one misstatement. But, all the facts he changed.
Why did Judge Cohn disregard all the facts in my Trial? He constantly misstated the documented facts about when I was teaching at Sepulveda MS. And when I was attacked. Dr. John Stalberg’s 8/14/2002 Letter states, “The best test of disability is how an individual is functioning at work”. LAUSD’s documented evidence and the records clearly show how and that I was functioning at work, at Sepulveda MS. I passed my teacher evaluation-Stull Evaluation, got along with everyone, no assistants, taught 5 or 6 classes everyday with almost 40 students in each class. I was the Advisor to the largest club on campus, weekly Bible Club-150-250 students attended. Andre Crouch’s Church, The Church On The Way and many other churches from across the San Fernando Valley all came together. We didn’t want to see one more student join a gang or be killed in gang warfare.
I was the leader of the “Fun Bunch” and arranged for free and group rate activities for teachers, their families and friends. I had quite a following from all the schools that I taught at through the years. I was always arranging activities for my friends and the people at church. My witness’ testified that after I was attacked everything stopped I was so sick. And it did. I will never be able to work again. The medical records support this. And all this LAUSD documentation, well Judge Cohn and Dr. Stalberg (2007) disregarded it all. Judge Cohn and Dr. Stalberg had the copy of my Teacher evaluation-STULL Eval that I passed.
And Mrs. Rhodes, assistant principal at Sepulveda Middle School, her Thank you letter to me stating, “That I was a wonderful addition to the school, about being a school club advisor and all the great activities that I was always planning for the other faculty members and their families.” Lee Josephs’ very nice letter, another art teacher that I worked with at Sepulveda MS, wonderful letters and write ups from other teachers, principles. Staff and friends. All documented. Judge Cohn and Dr. Stalberg (after 2007) ignored all the substantiated medical reports and factual evidence.
Oct. 26, 2010. I put a complaint in against Judge Jerold Cohn to the Ethics Advisory Committee. He made up a pre existing medical condition, used Inadmissible Evidence-where I Won the Grievance-changed all those facts, no evidence for his Decisions, changed the facts/testimony, lost medical records and reports for at least 7 months, libeled me and said the worst things about me.
In 2010 Judge Cohn upheld Dr. Stalberg’s 2008 “unsubstantiated” Medical Report that lowered my Rating. Judge Cohn had all the factual documented evidence which he refused to consider. Instead he went with his own made up medical diagnosis and unsubstantiated misstatements. My lawyer, Clint Feddersen Appealed Judge Cohn’s Decision and asked that Judge Cohn be removed from my case.
I Won the Workers’ Comp Appeals Court Decision of 4/1/2011. I won because Judge Cohn’s Decision was based on Dr. Stalberg’s “unsubstantiated” 2008 Medical Report. The Workers Comp Appeal’s Board deemed Dr. Stalberg’s Medical Report “unsubstantiated” in their Decision 4/1/2011. Also, 30 pages of my testimony were suspiciously missing.
The Appeal’s Board refused to remove Judge Cohn. They sent my case back to Judge Cohn asking him to reconsider my case. Reconsider his Decision “Do the Right Thing” and to send Dr. Stalberg the Medical Reports of Dr. Silverman, the Rheumatologist who found me 100% disabled due to my work related injuries. Judge Cohn refused and so did LAUSD’s lawyer Frank Christine lll.
Judge Cohn then issued his own Order of 7/13/2011 in complete disregard of the Workers’ Comp Appeals’ Board Decision. He sent a 1000 pages of the trial proceedings, including 2 copies of The Verga Decision-An Axis ll psychiatric disorder and a “Narcissistic Personality Disorder”. And someone else’s medical papers — A HIPPA Violation. Prostrate problems anyone? He sent 1,000 pages of the Trial proceedings to Dr. John Stalberg. This is highly unusual. Medical Reports usually go to the doctors not trial proceedings. Judge Cohn made a Medical Diagnosis-not a doctor. Now he is practicing medicine without a license.
Judge Cohn came up with his own medical diagnosis the Verga Decision-An Axis ll psychiatric disorder a “Narcissistic Personality Disorder”. Judge Cohn should not have found a “personality disorder” before any psychiatrist or psychologist found it. A “Personality disorder” is a diagnosis under the DSM-IV-TR manual that is supposed to be used by experts like psychologists and psychiatrists. Judge Cohn is not even a doctor.
Judge Cohn found a willing “Partner in Crime”, AME Dr. John Stalberg who changed all the facts to adopt Judge Cohn’s medical diagnosis. LAUSD paid Dr. Stalberg $16,770 – that’s $700 a page – for his 11/15/2011 Medical Report. Dr. Stalberg admitted under Oath, his Deposition 1/2012, that he hadn’t seen me, talked to me, or examined me for years and didn’t want to.
Also, at the Deposition 1/2012 that he had not even seen Dr. Silverman’s Medical Reports per the WC Appeal’s Board Decision. He admitted he didn’t have the evidence for his (Judge Cohn’s) medical diagnosis and he didn’t care. A medical diagnosis that he never thought of until Judge Cohn gave him the Verga Decision, 2 Copies at that. Also, that he didn’t even have all the other records because someone stole his computer. And yet he wrote a $16,770 Medical Report.
Dr. Stalberg admitted he didn’t care that he didn’t have the evidence for the medical diagnosis. And without the evidence and not seeing me for years he even called me, “The Evil Twin of Rosemary Verga.” Ms. Verga, the Verga Decision, was not sprayed with toxic chemicals from a fire extinguisher or physically attacked at work. Her case was not about being physically injured at work, but, involved her relationship with her co workers. Yet my case involved my student violently attacking me by spraying me in my face with the toxic chemicals from a fire extinguisher. And that resulted in my documented 100% physical injuries rating.
Dr. Stalberg is a Board Certified psychiatrist and an “expert” witness in criminal trials. He is notorious for changing his opinion and writing “unsubstantiated” medical reports. He received $16,770-$700 a page for his 11/15/2011 Medical Report. He did admit in the Depo that was an unusually high amount. And LAUSD paid him right away. It takes months sometimes years to get LAUSD to pay other doctors’ bills. Dr. Markovitz was complaining in one of my Reports that he hadn’t been paid. Also, doctors’ appointments are delayed until they get paid sometimes a year or more.
Dr. Stalberg stated in an earlier Deposition of his that I could never be there teaching everyday having an Axis ll diagnosis. He went from a 100% rating in 2005 credible and cooperative using the substantiated evidence to a big Payday of $16,770-$700 a page for an 11/15/2011 Medical Report that he admitted is without any factual evidence and he didn’t care. The result is I don’t get the medical treatment and care I so desperately need. Or even paid at all. I can’t pay my mortgage and I’m losing my home. I can’t pay my bills. And at times I haven’t had money for food. Why is this nightmare going on? Doesn’t the Ca. Workers Comp system have any honest doctors, judges and lawyers? Do I have to be victimized over and over again?
At the Jan. 2012 Deposition AME Dr. John Stalberg would not let me in his office for the Deposition. By law I can be present. Remember I was credible and cooperative. He saw me 5 times by myself alone from 2002-2007 in his office. But, now with 2 lawyers and a court reporter present he would not let me in. He would not even look at me. I waited in his waiting room. I’m a petite lady. I knew that he lied. He knew that I knew he lied. He even admitted that he wrote a medical report without the facts. And the factual evidence proves that he wrote 2 unsubstantiated reports. He admitted that he had no basis in evidence to make the diagnosis which lowered my Rating and took away most of my benefits. My health is deteriorating. I’m losing my home. I can’t pay my bills.
Just a side note on Dr. Stalberg: the record contains the fact that he has been attacked by several of his patients at his Santa Monica Office. The police have had to be called in to help him. I wonder if this is because he wrote more “unsubstantiated” Medical Reports to lower his patients Ratings so they do not get the proper medical care or paid correctly.
Also, Judge Cohn found another “partner in crime” the defense QME, Dr. Alvin Markovitz. He did a “tender point” evaluation for Fibromyalgia with a stethoscope on me Dr. Markovitz stated in his report that I had the classic symptoms. But, when he examined me with a stethoscope I did not. The criteria for diagnosing Fibromyalgia come from the American College of Rheumatology. Their criteria clearly indicate that the tender points have to be pushed with the fingers with at least 4 kg of pressure. Dr. Markovitz is not even a Rheumatologist, but both Judge Cohn and Dr. Stalberg chose to accept his opinions over those of QME, Dr. Silverman, a Rheumatologist, who is a well respected Board Certified doctor. Judge Cohn as a Workers’ Comp judge with over 27 years of experience surely knew that checking a patient with a stethoscope for Fibromyalgia was not the proper examination procedure. But, he didn’t care.
No one seems to care in the Workers’ Comp system; they just get away with murder by denying injured workers’ their benefits
My lawyer, Clint Feddersen Appealed Judge Cohn’s 3/27/2012 Decision, The 3/27/2012 Decision was based on Judge Cohn’s very own made up Axis ll medical diagnosis, his own “unsubstantiated” made up facts and his total disregard for the Workers’ Comp Appeals Board Decision of 4/1/2011 and Dr. John Stalberg who change all the facts and adopted Judge Cohn’s medical diagnosis. That resulted in Dr. Stalberg 11/15/2011 Medical Report which lowered my rating and denied my Benefits.
The Big Question is Why???? Why when my case went back to the Workers Comp Appeal’s Board for the 2nd time did they not turn around the miscarriage of justice that I have had to endure for over 12 1/2 years. Did they not read the Appeal? Did they not base their Decision on the substantiated evidence in my case? The WC Appeals Board’s Decision of 4/1/2011 asked Judge Cohn to Reconsider my case and send Dr. Silverman’s medical reports with the 100% rating and medical diagnosis of Fibromyalgia to Dr. Stalberg.
Judge Cohn refused and made up his own medical diagnosis and his own facts. The documented evidence clearly shows that Judge Cohn did this and exceeded his powers, and that Dr. Stalberg changed all the facts to adopt Judge Cohn’s medical diagnosis and unsubstantiated facts. Dr. John Stalberg admitted under Oath he didn’t have the evidence for his medical diagnosis and he didn’t care. His medical reports of 2011, 2008 were not based on the factual evidence. The Appeals Board had the documented substantiated evidence all the medical reports, records and testimony. And still they denied my Appeal without a reason.
And that’s how they lowered my rating and denied my Benefits
Even though in 2002 LAUSD gave me an “Act of Violence” for physical injuries.
I had several 100% Ratings for physical injuries based on the substantiated medical reports and records. And even a 100% rating from AME Dr. Stalberg in 2005, both credible and cooperative. 2008 100% Rating from Dr. Silverman, a Rheumatologist. His medical diagnosis was Fibromyalgia from my work place injury.
And here we have the honoree of the Stanley Mosk Legacy of Justice Award, WCAB Trial Judge Jerold Cohn making a medical diagnosis and changing all the facts in my case. I was denied due process and the required Judicial Ethics of fair, just and impartial proceedings in my case. And here is Dr. John Stalberg that received $16,770-$700 a page for his Medical Report where he changed all the facts and adopted Judge Jerold Cohn’s “unsubstantiated” medical diagnosis without any facts. And he admits it.
I Smell a Deal. They Denied my 2nd Workers’ Comp Appeal
Appalling, disgusting, dishonest and disheartening is only but, a few of the words I can use about the Ca. Workers’ Comp System and LAUSD/Sedgwick CMS that would rather destroy my health and life as the documented evidence shows. As they that partnered together with Judge Jerold Cohn and Dr. John Stalberg to have them make a medical diagnosis and change all the facts in my case. So LAUSD/Sedgwick CMS would not have to pay me.
INJURED WORKERS YOU ARE NOT ALONE
I have heard from so many of you. It’s time to unite together, Speak Up, Stand up Let our Voices Be Heard so not one more injured Worker is treated in such an unconscionable way. Or they die needlessly for lack of their Benefits.
Rev. Pinkney and his listening audience joins with all the injured workers across America in prayer for healing and that Justice will finally prevail in all of your Workers’ Comp Cases. I am a regular on the Rev. Edward Pinkney’s Show. I can be heard every Sunday on his blogtalkradio/pinkney show at 2-4 PM PST and 5-7 PM EST. Millions of listeners have heard about my horrific LAUSD Workers’ Comp Case and the cast of criminals in my case.
Rev. Pinkney was on TV at an LAUSD Board meeting when I first saw him. He was here from Michigan to help the students, their parents and teachers. He heard my story and invited me on his show. And now almost 2 years later his listening audience is now close to 1/2 million people. Rev. Edward Pinkney stands with all of us in our fight against corruption and injustice.
Also, my articles are ll over the Internet. I need your stories and the names of your corrupt judges, doctors and lawyers. Looking for a hot shot lawyer that wants to make a name for himself. I know there is a case here. A Big Case!
Criminal Fraud, Corruption and Injustice – that’s my Ca. Workers’ Comp Case. Millions of Ca. Injured Workers experience the same criminal corruption in their Workers Comp Cases and across America. It’s time for Workers, Injured Workers and All People of Conscience to Unite. UNITED WE CAN WIN!
Contact me at: Rozy Press, ROZYWOW@AOL.COM. 818 631-0513
SCANDAL ROCKS CA. WORKERS’ COMP/LAUSDAND THIS COULD HAPPEN TO YOU!
